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SENATE BILL NO. 941
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending sections 6a and 7a (MCL 722.26a and 722.27a), section
6a as added by 1980 PA 434 and section 7a as amended by 2016 PA 96.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6a. (1) In custody disputes between parents, the parents 1
shall must be advised by the court of joint custody and the 2
presumption of equal or approximately equal parenting time. At the 3
request of either parent, the court shall consider an award of 4
April 29, 2026, Introduced by Senator RUNESTAD and referred to Committee on Civil Rights,
Judiciary, and Public Safety.
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joint custody, and shall state on the record the reasons for 1
granting or denying a request. In other cases joint custody may be 2
considered by the court. The court shall determine whether joint 3
custody is in the best interest of the child by considering the 4
following factors: 5
(a) The factors enumerated in section 3. 6
(b) Whether the parents will be able to cooperate and 7
generally agree concerning important decisions affecting the 8
welfare of the child.At the time of initiating a paternity, 9
custody, divorce with a minor child, or support action in the 10
family division of circuit court, the court must issue a notice 11
that must be served on all parties with the pleadings. The notice 12
under this section must contain the following: 13
NOTICE: 14
1. An action within the jurisdiction of the family division of 15
circuit court involving a child to which you are the parent or 16
guardian has been filed. 17
2. According to the Child Custody Act of 1970, 1970 PA 91, MCL 18
722.21 to 722.31, you have a right to joint custody and equal or 19
approximately equal parenting time. 20
3. "Joint custody" means an order of the court in which the 21
parents or third parties share decision-making authority as to the 22
important decisions affecting the health, safety, education, 23
religion, and welfare of the child. 24
4. In a dispute between the parents, the court must presume 25
that the best interests of the child are served by awarding the 26
parents equal or approximately equal parenting time as set forth in 27
section 5 of the Child Custody Act of 1970, 1970 PA 91, MCL 722.25, 28
unless the contrary is established based on an analysis of the 12 29
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best interest factors listed in section 3 of the Child Custody Act 1
of 1970 PA 91, MCL 722.23. 2
(2) If the parents agree on joint custody, the court shall 3
award joint custody unless the court determines on the record, 4
based upon clear and convincing evidence, that joint custody is not 5
in the best interests of the child. 6
(3) If the court awards joint custody, the court may include 7
in its award a statement regarding when the child shall reside with 8
each parent, or may provide that physical custody be shared by the 9
parents in a manner to assure ensure the child continuing contact 10
with both parents. 11
(4) During the time a child resides with a parent, that parent 12
shall decide decides all routine matters concerning the child. 13
(5) If there is a dispute regarding residency, the court shall 14
state the basis for a residency award on the record or in writing. 15
(6) Joint custody shall does not eliminate the responsibility 16
for child support. Each parent shall be is responsible for child 17
support based on the needs of the child and the actual resources of 18
each parent. If a parent would otherwise be unable to maintain 19
adequate housing for the child and the other parent has sufficient 20
resources, the court may order modified support payments for a 21
portion of housing expenses even during a period when the child is 22
not residing in the home of the parent receiving support. An order 23
of joint custody, in and of itself, shall is not constitute grounds 24
for modifying a support order. 25
(7) As used in this section, "joint custody" means an order of 26
the court in which 1 or both of the following is are specified: 27
(a) That the child shall reside alternately for specific equal 28
or approximately equal periods with each of the parents. 29
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(b) That the parents shall share decision-making authority as 1
to the important decisions affecting the child's welfare. of the 2
child. 3
Sec. 7a. (1) Parenting time shall must be granted in 4
accordance with the best interests of the child. It is presumed to 5
be in the best interests of a child for the child to have a strong 6
relationship with both of his or her the child's parents. Except as 7
otherwise provided in this section, parenting time shall must be 8
granted to a parent in a frequency, duration, and type reasonably 9
calculated to promote a strong relationship between the child and 10
the parent granted parenting time. 11
(2) If the parents of a child agree on parenting time terms, 12
the court shall must order the parenting time terms unless the 13
court determines on the record by clear and convincing evidence 14
that the parenting time terms are not in the best interests of the 15
child. 16
(3) A child has a right to parenting time with a parent unless 17
it is shown on the record by clear and convincing evidence that it 18
would endanger the child's physical, mental, or emotional health. 19
(4) Notwithstanding any other provisions provision of this 20
act, if a proceeding regarding parenting time involves a child who 21
is conceived as the result of acts for which 1 of the child's 22
biological parents is convicted of criminal sexual conduct as 23
provided in sections 520a to 520e and 520g of the Michigan penal 24
code, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, or a 25
substantially similar statute of another state or the federal 26
government, or is found by clear and convincing evidence in a fact-27
finding hearing to have committed acts of nonconsensual sexual 28
penetration, the court shall not grant parenting time to that 29
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biological parent. This subsection does not apply to a conviction 1
under section 520d(1)(a) of the Michigan penal code, 1931 PA 328, 2
MCL 750.520d. This subsection does not apply if, after the date of 3
the conviction, or the date of the finding in a fact-finding 4
hearing described in this subsection, the biological parents 5
cohabit and establish a mutual custodial environment for the child. 6
(5) A parent may assert an affirmative defense of the 7
provisions of subsection (4) in a proceeding brought by the 8
offending parent regarding a child described in subsection (4). 9
(6) Notwithstanding any other provisions provision of this 10
act, if an individual is convicted of criminal sexual conduct as 11
provided in sections 520a to 520e and 520g of the Michigan penal 12
code, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, and the 13
victim is the individual's child, the court shall not grant 14
parenting time with that child or a sibling of that child to that 15
individual, unless both the child's other parent and, if the court 16
considers the child or sibling to be of sufficient age to express 17
his or her the child's or sibling's desires, the child or sibling 18
consent to the parenting time. 19
(7) The court may must consider the following factors when 20
determining the frequency, duration, and type of parenting time to 21
be granted:means and schedule in which parenting time must be 22
exercised: 23
(a) The existence of any special circumstances or needs of the 24
child. 25
(b) Whether the child is a nursing child less than 6 months of 26
age, or less than 1 year of age if the child receives substantial 27
nutrition through nursing. 28
(c) The reasonable likelihood of abuse or neglect of the child 29
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during parenting time. 1
(d) The reasonable likelihood of abuse of a parent resulting 2
from the exercise of parenting time. 3
(e) The inconvenience to, and burdensome impact or effect on, 4
the child of traveling for purposes the purpose of parenting time. 5
(f) Whether a parent can reasonably be expected to exercise 6
parenting time in accordance with the court order. 7
(g) Whether a parent has frequently failed to exercise 8
reasonable parenting time. 9
(h) The threatened or actual detention of the child with the 10
intent to retain or conceal the child from the other parent or from 11
a third person who has legal custody. A custodial parent's 12
temporary residence with the child in a domestic violence shelter 13
shall is not be construed as evidence of the custodial parent's 14
intent to retain or conceal the child from the other parent. 15
(i) Any other relevant factors. 16
(8) Parenting time shall must be granted in specific terms if 17
requested by either party at any time. 18
(9) A parenting time order may contain any reasonable terms or 19
conditions that facilitate the orderly and meaningful exercise of 20
parenting time by a parent, including 1 or more of the following: 21
(a) Division of the responsibility to transport the child. 22
(b) Division of the cost of transporting to transport the 23
child. 24
(c) Restrictions on the presence of third persons during 25
parenting time. 26
(d) Requirements that the child be ready for parenting time at 27
a specific time. 28
(e) Requirements that the parent arrive for parenting time and 29
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return the child from parenting time at specific times. 1
(f) Requirements that parenting time occur in the presence of 2
a third person or agency. 3
(g) Requirements that a party post a bond to assure ensure 4
compliance with a parenting time order. 5
(h) Requirements of reasonable notice when parenting time will 6
not occur. 7
(i) Any other reasonable condition determined to be 8
appropriate in the particular case. 9
(10) Except as provided in this subsection, a parenting time 10
order shall must contain a prohibition on exercising parenting time 11
in a country that is not a party to the Hague Convention on the 12
Civil Aspects of International Child Abduction. This subsection 13
does not apply if both parents provide the court with written 14
consent to allow a parent to exercise parenting time in a country 15
that is not a party to the Hague Convention on the Civil Aspects of 16
International Child Abduction. 17
(11) During the time a child is with a parent to whom 18
parenting time has been awarded, that parent shall decide decides 19
all routine matters concerning the child. 20
(12) Prior to entry of Before a temporary order is entered, a 21
parent may seek an ex parte interim order concerning parenting 22
time. If the court enters an ex parte interim order concerning 23
parenting time, the party on whose motion the ex parte interim 24
order is entered shall have a true copy of the order served on the 25
friend of the court and the opposing party. 26
(13) If the opposing party objects to the ex parte interim 27
order, he or she the opposing party shall file with the clerk of 28
the court within 14 days after receiving notice of the order a 29
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written objection to, or a motion to modify or rescind, the ex 1
parte interim order. The opposing party shall have a true copy of 2
the written objection or motion served on the friend of the court 3
and the party who obtained the ex parte interim order. 4
(14) If the opposing party files a written objection to the ex 5
parte interim order, the friend of the court shall attempt to 6
resolve the dispute within 14 days after receiving it. If the 7
matter cannot be resolved, the friend of the court shall provide 8
the opposing party with a form motion and order with written 9
instructions for their use in modifying or rescinding the ex parte 10
order without assistance of counsel. If the opposing party wishes 11
to proceed without assistance of counsel, the friend of the court 12
shall schedule a hearing with the court that shall must be held 13
within 21 days after the filing of the motion. If the opposing 14
party files a motion to modify or rescind the ex parte interim 15
order and requests a hearing, the court shall resolve the dispute 16
within 28 days after the hearing is requested. 17
(15) An ex parte interim order issued under this section shall 18
must contain the following notice: 19
NOTICE: 20
1. You may file a written objection to this order or a motion 21
to modify or rescind this order. You must file the written 22
objection or motion with the clerk of the court within 14 days 23
after you were served with this order. You must serve a true copy 24
of the objection or motion on the friend of the court and the party 25
who obtained the order. 26
2. If you file a written objection, the friend of the court 27
must try to resolve the dispute. If the friend of the court cannot 28
resolve the dispute and if you wish to bring the matter before the 29
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court without the assistance of counsel, the friend of the court 1
must provide you with form pleadings and written instructions and 2
must schedule a hearing with the court. 3
(16) As provided in the servicemembers civil relief act, 50 4
USC 501 3901 to 597b, 4043, if a motion for change of parenting 5
time is filed during the time a parent is on deployment, a parent 6
may file and the court shall entertain an application for stay. The 7
court shall presume that the best interests of the child are served 8
by not entering an order modifying or amending a previous judgment 9
or order, or issuing a new order, that changes the parenting time 10
that existed on the date the parent was called to deployment, 11
unless the contrary is established by clear and convincing 12
evidence, at which time the court may enter a temporary parenting 13
time order. When If a temporary parenting time order is issued 14
under this subsection, the court may include a limit on the period 15
of time that the temporary parenting time order remains in effect. 16
At any stage before final judgment in the proceeding, the parent 17
may file an application for stay or otherwise request a stay of 18
proceedings or file an application for an extension of a stay. The 19
parent and the custodial child are not required to be present to 20
consider the application for stay or extension of a stay. The 21
application for stay or extension of a stay is sufficient if it is 22
a signed, written statement , and certified to be true under 23
penalty of perjury. The same conditions for the initial stay apply 24
to applications for an extension of a stay. 25
(17) The parent shall must inform the court of the deployment 26
end date before or within not later than 30 days after that 27
deployment end date. Upon On notification of a parent's deployment 28
end date, the court shall reinstate the parenting time order in 29
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effect immediately preceding that period of deployment. If a motion 1
for change of parenting time is filed after a parent returns from 2
deployment, the court shall not consider a parent's absence due to 3
that deployment in making a determination regarding change of 4
parenting time. Future deployments shall must not be considered in 5
making a best interest interests of the child determination. 6
(18) If the deploying parent and the other parent share 7
custody, the deploying parent must notify the other parent of an 8
upcoming deployment within a reasonable period of time. 9
(19) As used in this section, "offending parent" means a 10
parent who has been convicted of criminal sexual conduct as 11
described in subsection (4) or who has been found by clear and 12
convincing evidence in a fact-finding hearing to have committed 13
acts of nonconsensual sexual penetration as described in subsection 14
(4). 15
Enacting section 1. This amendatory act does not take effect 16
unless all of the following bills of the 103rd Legislature are 17
enacted into law: 18
(a) Senate Bill No. 940. 19
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(b) Senate Bill No. 942. 21